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Prohibited Persons Status ( Vlisting ) and how to uplift a Prohibited Persons Status

The Immigration Act and the Department of Home Affairs abhors fraudulent documents. Section 29(1)(f) provides ; The following foreigners are prohibited person and do not qualify for a port of entry visa, admission into the republic , visa or a permanent residence permit … anyone found in possession of a fraudulent visa, passport , permanent residence permit or identification document. Section 49(14) and 49(15) makes the use or attempted use of or uttering of any fraudulent document for the purpose of entering remaining in or departing from and residing in the republic a criminal offence, of which a person on conviction is liable to imprisonment of up to 15 years. So when one finds him of herself in possession of a fraudulent document how does one comeback from this immigration abyss?
There are two paths to rehabilitating yourself when you have been rendered a prohibited person for using or attempting to use or uttering a fraudulent visa, permit or Identity document. Section 29(2) makes provision for the Director General on good cause declare that person is no longer a prohibited person. This is done by way of submitting an application to Director General setting forth good cause why the person should be removed from the prohibited persons list.
Another avenue is in terms of section 32 of the Immigration Act and Regulation 30. Section 32 is an appropriate route in the event that the person is still in the country and looking to apply for a new visa. Regulation 30 provides 3 tests, that a person is an illegal foreigner, who has neither been arrested for the purpose of deportation nor been ordered to leave and who wishes to apply for a status after the expiry of his or her status.
Section 32 is applicable because by virtue of being in possession of a fraudulent permit or visa and have not been arrested ordered to leave then you meet the criteria under section 32.
The next criteria is that the person would need to show good cause why you failed to renew your previous visa. This would include the circumstances that led to you being in possession of fraudulent document. Often people are victims of an elaborate immigration scam and their permits would have worked for few times and so would be unaware of the fraudulent nature of their status until it is brought to their attention. They are as much victims of the fraud as is the state. It is important to be able to prove definitively that a third party was at play and in our experience, this works to the persons advantage.
The last criteria would be proof that the person is eligible for the visa that they intend to apply for. This is submitted in the form of all the required documents for the respective visa.
It is important to highlight that immigration issues of this kind do not go away with time. The Department will always discover that a person’s status is fraudulent or obtained in a fraudulent manner. So tackling these head on will be the best approach to any similar situation. The effect of coming forward to attempt to regularise your status is better than not doing anything. Any good faith effort to rehabilitate your status will certainly mitigate risks of being criminally convicted and will count as a positive in an application to remove the prohibited person status. It is also accepted that not every case can be rehabilitated.
For assistance with your immigration matter you can contact us at our offices and speak to one of our specialists.
Sa Migration International
Whatsapp Tel No : +27 (0) 82 373 8415

Tel No office : +27 (0) 82 373 8415 ( Whatsapp )
Tel No admin : +27 (0) 64 126 3073
Tel No sales : +27 (0) 74 0366127
Fax No : 086 579 0155

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Overstay / Undesirable / VLIST Ban Issued for 5 Years . Can I appeal !!

Overstaying one’s visa is a common occurrence among people who applied to extend their visa in South Africa and said visa not issued in time for travel .
In recent months overstaying one visa has moved from being a minor inconvenience to a possible criminal offence with potentially serious ramifications. The changes brought about by the new immigration laws have made overstaying ones visa a very serious affair which needs a careful and smart approach to remedy.
Let us now explore the effect of overstaying ones visa and what steps to take to correct this now serious matter.
Effect of an overstay
An individual who remains the republic after his or her visa has expired is in violations of the Act. The immigration Act describe such individual as illegal Foreigners. Illegal foreigner are dealt with in terms of section 32 which provides:
32(1) any illegal foreigner shall depart, unless authorised to do so by the director general as well as any illegal foreigner shall be deported.
The seriousness of an overstay is clear from the section, anyone who is considered an illegal foreigner must be deported and there are no exceptions. In addition section 30(1) (h) renders one departing the republic on an expired status an undesirable.
Legalization of an Overstay
Section 32(10 read with regulation 30 provides for a mechanism to cure an overstay a potentially avoid any sanction for the overstay. This process is commonly referred to as legalisation and is given expression in the following section:
(a)Demonstrate, in writing ,to the satisfaction of the Director General that he or she was unable to apply for such status for reasons beyond his or her control and;
If you require assistance with Uplifting the Overstay ban and or Legalization and have any questions on the topic please feel free to contact our offices for specialist advice.
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The US just opened its borders to South Africans with these jobs or visas

• The US has added further exemptions for foreign travellers looking to enter that country amid its ongoing travel ban.
• Under the National Interest Exceptions protocol, certain visa holders and exchange visitors may travel to the US.
• This applies to specialised teachers and au pairs in South Africa.
• It also includes immigrant and fiancé(e) K-1 visas, which require a US citizen sponsor.
The United States has expanded its list of National Interest Exceptions (NIE), which effectively exempt certain South Africans – with specific skills, jobs, and visas – from its ongoing travel ban.
It’s been three months since US President Joe Biden closed the country’s borders to travellers from South Africa. The decision to restrict travel was associated with fears around the 501Y.V2 variant of Covid-19 first detected in the Eastern Cape.
Due to international concerns around the local prevalence of the 501Y.V2 variant – which is more transmissible and tougher to vaccinate against – South African travellers have become tightly restricted.
But while other countries have only afforded exemptions to returning citizens and permanent residents, the US has continuously updated its NIE list for purposes related to humanitarian travel, public health response, and national security.
Shortly after the travel ban was imposed on South Africa in January, the US Bureau of Consular Affairs announced that H-2A visa holders – defined as non-immigrant certification for temporary workers performing agricultural services – would be included as an NIE.
This exemption was particularly positive news for South Africans, who account for the highest number of H-2A visa holders outside of Mexico.
South Africans holding valid immigrant or fiancé(e) K-1 visas are now allowed to enter the US. This applies to foreign citizens who are sponsored by direct relatives living in the US or by a prospective US-based employer. It also permits a foreign-citizen fiancé(e) to travel to the US and marry his or her US citizen sponsor within 90 days of arrival.
Visa applicants have, however, been warned of backlogs at embassies and consulates.
“The Covid-19 pandemic continues to severely affect the ability of embassies and consulates around the world to be able to resume routine visa services,” says the US Bureau of Consular Affairs in response to ongoing lockdown restrictions.
“Combined, these restrictions have reduced appointment capacity during the pandemic, which has created a significant backlog of both immigrant and non-immigrant visa applicants awaiting a visa interview. The provision of services to U.S. citizens abroad is the first priority of consular sections abroad.”
Other exemptions are also afforded to certain non-immigrant “Exchange Visitors”.
Au pairs who are able to provide specialised care for minor US citizens with particular needs – medical, special education, or sign language – have also been added to the NIE list. This also applies to au pairs who take care of children whose parents are either frontline healthcare workers or medical researchers involved in work around Covid-19.
South Africans who are successfully enlisted in bilateral exchange programmes which are “designed to promote US national interests” will be allowed to enter the US. This programme must be endorsed by the US government at either federal, state, or local government level.
Similarly, interns and trainees on US government agency-sponsored programs are now also exempt from the travel ban.
Specialised teachers, who hold a degree-equivalent to a US bachelor’s degree in either education or the academic subject field in which they intend to teach, can also enter the US’ teacher programme which will exempt them from the ban.
Applying teachers will need to have at least two years’ experience and must “possess sufficient proficiency in the English language”.
South Africa isn’t the only country which is currently being subjected to US travel restrictions. The ban, and associated NIE exemptions, currently apply to travellers from China, Iran, Brazil, the Schengen Area, the United Kingdom, and Ireland.
www.samigration.com

Phiri siblings still struggling to get their IDs from Home Affairs

The Home Affairs Department has been sending the siblings from pillar to post, demanding that they provide DNA evidence that they are related to the woman they call their grandmother.
The North West Home Affairs Department has come under heavy criticism for failing to assist two young men who have been struggling to get their identity documents for years.
The siblings, from Rankelenyane village, near Mogwase, were forced to collect DNA from their grandmother, who unfortunately died earlier this month.
The department insists that it requested that DNA tests be conducted to prove that they were related to their grandmother.
The Phiri siblings bid farewell to their only caregiver. Their mother disappeared when they were small, making it impossible for the boys to get identity documents.
The Home Affairs Department has been sending the siblings from pillar to post, demanding that they provide DNA evidence that they are related to the woman they call their grandmother.
The department says the aim is to protect the integrity of the population register. The family could not afford to pay for the tests. The siblings finally secured funds but their granny Stephina was admitted to hospital on the day the samples were to be taken. She died two days later.
The siblings’ former teacher, Esther Masinga, who’s been assisting them, says they are disappointed at the department’s conduct.
“The delay caused by the department of home affairs really made them more emotional. Because this has been a struggle since they were in primary school. Now granny is gone. They wanted to do those DNA Tests and another delay occurred due to the raisin funds.”
Social Development MEC, Boitumelo Moilwa, says they will continue to assist the family.
“The DNA has been done. We are just waiting for the results. In 5 weeks when the results come, we are going to take the matter up, expediting the matter with home affairs to make sure that they have the ID documents and the small ones have the birth certificates. But from now onwards, in between. As social development, we’re still going to give them the SRD. SRD is the food parcels that we are going to give them until they receive their IDs.”
Although the family is optimistic that the siblings will finally receive their identity documents, it is sad that their grandmother is not alive to celebrate with them.
www.samigration.com

Vaccinated US citizens get green light for travel

In a landmark move the US Centre for Disease Control and Prevention (CDC) has updated its advisory policy, opening up travel for US citizens that have been fully vaccinated.
The US is one of South Africa’s largest source markets for inbound travel. At present approximately 62 million people in the US, or around 20% of the country’s population, have been vaccinated for COVID-19 and given the green light to start travelling again.
The CDC recommendations now allow fully vaccinated US citizens to travel domestically without the need to quarantine or to test for COVID-19 before or after travel. Its recommendations also allow vaccinated US citizens to travel internationally without the need to quarantine. Vaccinated citizens do not need to get tested before leaving the US unless the destination they are visiting requires it, however they do need to show a negative test result (or documentation of recovery from COVID-19) before boarding a flight to the United States.
The CDC also recommends that these travellers get tested three to five days after international travel. People are considered fully vaccinated two weeks after receiving the last required dose of the COVID-19 vaccine.
According to the CDC’s website travellers should still take steps to protect themselves and others. “You will still be required to wear a mask on planes, buses, trains and other forms of public transport. Fully vaccinated international travellers arriving in the Unites States are still required to get tested within three days before their flight and should get tested three to five days after their trip,” advises the CDC.
“The updated guidance does not apply to unvaccinated people. The CDC still advises anyone who hasn’t been fully vaccinated to avoid travel.”
CEO of the Tourism Business Council of South Africa (TBCSA), Tshifhiwa Tshivhengwa, said that the CDC’s announcement – which endorses the idea that it is safe for vaccinated people to start travelling again – would speed up the recovery of the industry and allow vaccinated travellers to start returning to South Africa.
He said the TBCSA was engaging with government to implement a clear travel policy for vaccinated people, which would remove some of the barriers to travel that were currently required.
“This announcement will be a catalyst to speed up our discussions to allow vaccinated travellers easier access to South Africa,” said Tshivhengwa.
MD of Cape Xtreme Adventure Tours and Cape to Addo Safaris, Barry O’Donoghue, said that anything that removed travel barriers and encouraged people to start travelling again was positive news for the industry.
“The US is one of our largest source markets and we have seen a marked increase in enquiries from this region in the last few weeks, as the US has moved forward rapidly with its vaccination programme.
O’Donoghue said the US tour operators that we are engaging with are upbeat and excited about booking trips to Africa again. “And we have just received the good news that a group of 200 US students will be confirming their booking with us for travel in May and June, which will substantially alter our company’s position. The CDC’s endorsement of travel for vaccinated citizens will surely add fuel to this momentum.”
“We have been lucky that South Africa only has a PCR requirement for travel, as quarantine requirements, which are still in place in many countries, are devastating for forward bookings. PCR test requirements are still cumbersome, expensive and risky to manage though, and if this requirement could be removed for vaccinated travellers it would help both the inbound and outbound industry to recover even faster,” he added.
www.samigration.com

Advocates slam partner visa English test as a ‘paternalistic’ measure that will keep families apart

Partner visa language test will only affect people who apply after the changes are introduced mid-next year.
The Department of Home Affairs says adding an English language requirement for partner visa applicants would protect people in family violence situations.
• Requiring immigrants who apply for a partner visa to pass an English test would be a “paternalistic” measure that will tear families apart, refugee and women’s advocates say.
The Department of Home Affairs is considering adding a language requirement for partner visa applications. Under the proposal, both the person applying for the visa and the person sponsoring the visa would have to pass the English test.
A consultation paper issued by the department says the measure would protect potential victims of violence by encouraging them to learn English.
“Migrants who do not have sufficient English language skills may be more vulnerable to family violence and other exploitation,” the paper states.
“They are less likely to have an established support network or be aware of Australia’s laws and how to seek help.”
English speakers are better able to independently seek help in emergency situations such as family violence at home, it says.
But the Australian Women Against Violence Alliance (AWAVA) and the Refugee Advice and Casework Service (RACS) have slammed the proposal as paternalistic.
“This language creates a false association between domestic and family violence and non-English speakers,” said RACS lawyer Hannah Gray, who co-ordinates the centre’s Women at Risk program.
It also “makes the unsupported claim that the way to combat such violence is by making it more difficult for non-English speaking partners to obtain visas and be reunited with their families”, she added.
Ms Gray said family violence occurs across all cultures and language groups, and it was “highly reductive” to suggest the problem was exacerbated by survivors’ English skills.
A spokesperson for the Department of Home Affairs said the government was committed to providing support to victims of family violence regardless of their language skills.
They said public consultations would inform the settings and implementation of the policy.
RACS consulted with extensive specialist women’s services, who all confirmed they are “strongly opposed” to the English language requirements.
“For these groups, the suggestion it was the lack of English of survivors of violence is seen as just another form of victim blaming,” Ms Gray said.
AWAVA’s program manager, Tina Dixson, said women on temporary visas need to be supported to access essential services when they’re in crisis.
Ms Gray added that an English test would create barriers and delays to family reunions for refugees, and in some cases completely prevent families from being reunited.
“Family reunification is already extraordinarily difficult. This proposal is yet another hurdle adversely impacting the lives of refugees in Australia,” she said.
The organisations have penned a joint submission to the department expressing their strong opposition to the idea.
The reforms were announced as part of the 2020-21 federal budget. Submissions on the proposal closed on 31 March.
The Department of Home Affairs did not respond to questions.
www.samigration.com

VFS Global issues update on visa application operations in India

VFS Global, the visa outsourcing and technology services company, has issued an update on restarting visa application services in India since June 2020.
Currently, the visa application process (in various categories) for over 40 governments has resumed at select visa application centres across India.
“Our Visa Application Centres across India remain open as of April 7, 2021, though timings and days of working may vary, according to pandemic-related regulations. Please check vfsglobal.com for details. Real-time updates are also posted on our social media channels and the Covid-19 Customer Advisories page,” VFS Global said in an official release.
Following is the information on visa operations as of March 31, 2021:
Country Visa Categories Cities Restart Date
Austria Category D and pre-approved C visa applications Mumbai, Kochi, Chennai, Hyderabad, Bengaluru, New Delhi and Kolkata July – September 2020
Belarus All Visa Categories Mumbai and New Delhi July – September 2020
Belgium Category D and pre-approved C type Mumbai, Chennai, Bengaluru, Kochi, Hyderabad, New Delhi and Kolkata July – August 2020
Canada Family, Permits, Students Mumbai, Chennai, Ahmedabad, Pune, Bengaluru, Hyderabad, New Delhi, Jalandhar, Chandigarh and Kolkata November – December 2020
China Business Category New Delhi July-20
Croatia Category D Mumbai, Chennai, Hyderabad, Bengaluru, New Delhi and Kolkata July – September 2020
Cyprus C visa categories (Pre-approved from High Commission) Mumbai, Chennai, Bengaluru, Kochi, Hyderabad and New Delhi October – November 2020
Czech Republic Czech and EU family members, Entry in the interest of the Czech Republic, International Transport workers, Diplomats and Officials of International organizations, Seasonal workers, For employment in health and social services only, in urgent emergencies, for employment – food production workers only, for employment – qualified workers only (if the conditions of these Programs “The High qualified worker” and “The Key and scientific workers” are met) Mumbai, Chennai, Bengaluru, Kochi and Hyderabad September-20 –
February-21
Denmark Residence permit, Employment, Dependent, Approval cases, Category D, specific purpose (business, etc.) Mumbai, Chennai, Hyderabad, Bengaluru, Kochi, New Delhi and Kolkata June – September 2020
Dominican Republic Business, Work and Resident visa New Delhi, Mumbai June 2020
Estonia Category C and D Mumbai, Kochi, Chennai, Hyderabad, Bengaluru, New Delhi and Kolkata July – August 2020
Finland Resident Permits, Visas (Pre-approved from Embassy) New Delhi November 2020
France Category C and D Mumbai, Chennai, Kochi, Bengaluru, Hyderabad, New Delhi and Kolkata August-20
Georgia Long Term Visa for Business and Family visit (post approval from Ministry) and student visa
be accepted Mumbai, Chennai, Bengaluru, Hyderabad, Kochi, New Delhi and Kolkata October-20
Germany Category C (with prior approval) and D visa (seafarers, transit, employment and student, Blue Card, PhD) after approval of submission and D-visa stamping Mumbai, Chennai, Hyderabad, Kochi, Bengaluru, New Delhi and Kolkata July – August 2020
Hungary Pre-approved cases from embassy New Delhi November 2020
Italy Re-Entry Visa, Category D, Short term Students, Seafarer, Transit, Visit to family (immediate family member), Business (With prior approval) Mumbai, Chennai, Hyderabad, Kochi, Bengaluru, New Delhi and Kolkata July-20
Ireland Student, Long – stay categories Mumbai, Pune, Ahmedabad, Bengaluru, Chennai, Kochi, Hyderabad, New Delhi, Jalandhar, Chandigarh, Kolkata July-20
Japan Long term and Business visa Mumbai, Chennai, Bengaluru, Hyderabad, Kochi, and New Delhi September – October 2020
Latvia Category D Mumbai, Kochi, Bengaluru, Hyderabad, Chennai and New Delhi August 2020
Lebanon All Visa Categories (BAU) Mumbai, Chennai, Bengaluru, Hyderabad, New Delhi and Kolkata December-20
Lithuania Category D Mumbai, Kochi, Chennai, Hyderabad, Bengaluru, New Delhi and Kolkata August 2020
Luxembourg Category D Mumbai, Chennai, Hyderabad, Bengaluru, Kochi, New Delhi and Kolkata July – September 2020
Malta Pre-approved case for Medical Staff, Humanitarian case and High skilled professionals Mumbai, Chennai, Kochi, Hyderabad February 2021 – March 2021
Malaysia Single Entry Visas Mumbai, Chennai, Bengaluru, Hyderabad and New Delhi July – September 2020
MEA Attestation and Apostille of personal and educational documents Mumbai, Chennai, Bengaluru, Hyderabad September-October 2020
Morocco All Visa Categories except tourist visas Mumbai, Chennai, Bengaluru, New Delhi and Kolkata January 2021
New Zealand Long-stay and other categories (postal applications only) New Delhi August 2020
Nigeria All visa categories Mumbai September-20
Norway Residence permit and pre-approved Category C Mumbai, Chennai, Hyderabad, Bengaluru, Kochi, New Delhi and Kolkata June – September 2020
Poland Category D Mumbai, Bengaluru, Hyderabad, Chennai, New Delhi and Kolkata July 2020
Portugal E6 for holders of expired Portuguese residence card, D6 for holders of expired Family Reunification D6 visas, Category D and pre-approved Category C Mumbai, Chennai, Bengaluru, Hyderabad, New Delhi and Kolkata June – September 2020
South Africa All visa categories Mumbai, Bengaluru, New Delhi and Kolkata September – October 2020
South Korea Seamen Short term, Work Permit (C4) and Long-term applications New Delhi, Kolkata June 2020 – March 2021
Sweden As per Embassy’s Approval Mumbai, Chennai, Bengaluru, Hyderabad, New Delhi and Kolkata October-November 2020
Switzerland Category D and pre-approved Category C Mumbai, Chennai, Hyderabad, Bengaluru, Kochi, New Delhi and Kolkata July – August 2020
Thailand All visa categories Mumbai, Chennai, Bengaluru, Kochi and Hyderabad December 2020 – January 2021
The Netherlands Seaman, LDR, Re-entry visa, Orange carpet/ Business (With prior approval) Mumbai, Hyderabad, Chennai, New Delhi and Kolkata July – September 2020
Turkey All visa categories Mumbai, Hyderabad, Kochi, Chennai, Bengaluru and New Delhi June – September 2020
UAE – DVPC All visa categories (online); 30 day and 90 day tourist visas (in- VAC) Online application in Hyderabad, Chennai, Bengaluru and Kochi June – August 2020
United Kingdom All Visa categories / passport collection Mumbai, Pune, Ahmedabad, Bengaluru, Chennai, Kochi, Hyderabad, New Delhi, Jalandhar, Chandigarh, Kolkata, and Goa (once a month only) July-20
Ukraine All visas except tourist Mumbai, Chennai, Hyderabad, Bengaluru, New Delhi and Kolkata, August 2020 / September 2020
USA All visa categories All India August 2020 – February 2021
Note: Air travel on all routes is subject to government advisories and permissions for air travel may be independent of the visa process.
VFS Global has established standardised protective measures to be followed across centres, including physical distancing and sanitisation, body temperature checks, use of masks and sanitisers, disinfecting high-contact surfaces. Customers with Covid-19 symptoms, including high fever, cough and difficulty in breathing will not be permitted to enter the centre
www.samigration.com

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